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Parliamentary questions
28 March 2014
Answer given by Mr Andor on behalf of the Commission

The Commission has received no complaint relating to the situation described by the Honourable Member and alleging an infringement of Directive 2001/23/EC(1), the aim of which is to safeguard employees’ rights in the event of transfers of undertakings. The Commission would point out that employers in Poland must abide by the legislation transposing that directive. It is for the national authorities, including the courts, to ensure that the legislation is correctly and effectively applied by the employer concerned, having regard to the specific circumstances of the case.

The European Union is committed to respecting media freedom and pluralism, which are enshrined in Article 11 of the Charter of Fundamental Rights of the European Union, and which the Commission, together with the other EU institutions, promotes within the scope of its competence(2). However, according to its Article 51(1), the Charter applies to Member States only when they are implementing European Union law.

The Commission supports the role of public broadcasting as an integral part of European democracy. Protocol No 29 on the system of public broadcasting in the Member States attached to the TEU and TFEU makes it clear that the governance and strategic choices on public service broadcasting lie with Member States. The Commission attaches special importance to the role of the dual system of public and commercial service broadcasters in preserving media pluralism and promoting European values. However, the Commission cannot prescribe Member States how to organise their public service broadcaster.

(1)Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, OJ L 82, 22.3.2001.
(2)See http://ec.europa.eu/digital-agenda/en/media-freedom-and-pluralism

OJ C 324, 18/09/2014
Last updated: 1 April 2014Legal notice